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MITCHELL v. COM.

Nos. 2007-CA-002241-MR, 2007-CA-002260-MR.

323 S.W.3d 755 (2010)

Edward Joseph MITCHELL, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee. Edward Jefferson Mitchell, Sr., Appellant, v. Commonwealth of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 10, 2010.

Attorney(s) appearing for the Case

David S. Mejia (argued for Edward Joseph Mitchell, Sr. ), Louisville, KY, on brief for appellants.

Darren C. Wolff , Louisville, KY, argued for Edward Joseph Mitchell, Jr.

Jack Conway , Attorney General, Christian K.R. Miller (argued), Assistant Attorney General, Frankfort, KY, for appellee.

Before ACREE, KELLER, and LAMBERT, Judges.

OPINION

KELLER, Judge.

Edward Jefferson Mitchell and Edward Joseph Mitchell (the Appellants)1 appeal from an Opinion and Order of the Jefferson Circuit Court denying their motions for post-conviction relief pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42, following an evidentiary hearing. For the reasons stated below, we reverse and remand.

FACTS

The Appellants were arrested and charged with...

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